HL Deb 08 November 1989 vol 512 cc726-7

28 Clause 9, page 8, line 5, at end insert — `(5A) A person who would not otherwise be entitled (under the previous provisions of this section) to apply for the variation or discharge of a section 7 order shall be entitled to do so if —

  1. (a) the order was made on his application; or
  2. (b) in the case of a contact order, he is named in the order.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 28.

Clause 9(4) and (5) set out categories of persons who are entitled to apply for all, or some, Section 7 orders. Any other person wishing to apply for a Section 7 order must first obtain leave of the court. If he gets leave and successfully applies for an order, he may at some later stage wish to apply for variation or discharge of that order. But because the definition of Section 7 order includes, any order varying or discharging such an order", the proposed applicant would again need to seek leave before making his application to vary.

This amendment therefore provides that, where a Section 7 order has been made, a person who would not otherwise be entitled to apply for variation or discharge or that order will be able to apply without first obtaining leave where the existing order was made on his application or, in the case of a contact order, he is named in it. I beg to move.

Moved, That the House do agree with the Commons in the said amendment. —(The Lord Chancellor.)

On Question, Motion agreed to.